In re A.H.

No. 89418 (Ill. Sup. Ct. Apr. 19, 2001) ; Clearinghouse Number: 53810

Description

Illinois Supreme Court Finds That Juvenile Court Properly Applied “Best Interest” Standard to Order Removal of Child from Foster Care Placement

Abstract

The Illinois Supreme Court held that the juvenile court needed only to engage in the “best interest” determination, as the Juvenile Court Act outlined it in section 1-3(4.5), when the juvenile court entered an order related to the temporary custody of a minor. At a pretrial hearing guardian ad litem made an oral emergency motion, alleging physical abuse, for the removal of a child from his foster home. Department of Children and Family Services asserted that the juvenile court lacked the authority to sidestep its administrative appeal process. In response, guardian ad litem argued that the language of section 2-10(2) of the Act granted the juvenile court broad authority to select a child’s placement. The juvenile court applied the standards that section 2-10 of the Act set forth for a temporary custody hearing; it found probable cause to believe the child was abused or neglected and urgent necessity to support the removal from the foster home; it noted that reasonable efforts could not prevent or eliminate the necessity of that removal. The juvenile court also concluded that removal from the foster home was consistent with the child’s health, safety, and best interest. Agreeing with the juvenile court, the state supreme court explained that section 2-10 of the Act authorized the juvenile court to enter such other orders related to the temporary custody of minors as it deemed fit and proper, including orders to remove minors from temporary foster care. The supreme court said that the juvenile court must make a “best interest” determination, which did not require considerations of urgent necessity or reasonable efforts.

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Docket Date
2001-04-19 00:00:00+00:00

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